Susan Loving, USOESusan.loving@schools.utah.gov

Students with Disabilities in

Adult Education Programs

Laws Impacting Education of Individuals with Disabilities

▪ Individuals with Disabilities Education Improvement Act of 2004

▪ Americans with Disabilities Act as amended in 2009

▪ Section 504 of the Rehabilitation Act of 1973

Individuals with Disabilities Education Improvement Act of 2004

▪ The purpose of the IDEA is to guarantee a free appropriate public education to students with disabilities.

▪ Students determined by the IEP team and other qualified professionals, to have a disability that impacts their access to and progress in the general education curriculum.

▪ IDEA includes 13 disability categories: Autism; Deafblindness; Developmental Delay (through age 7); Emotional Disturbance: Hearing Impairment/Deafness; Intellectual Disability; Multiple Disabilities; Orthopedic Impairment; Other Health Impairment; Specific Learning Disabilities; Speech/Language Impairment; Traumatic Brain Injury; Visual Impairment.

▪ The Utah Special Education Rules are closely aligned with IDEA.

▪ IDEA is an education funding act.

Americans with Disabilities Act

▪ The ADA prohibits discrimination on the basis of disability in employment, State and local government (including public education), public accommodations, commercial facilities, transportation, and telecommunications.

▪ An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

▪ “Major life activities” include, but are not limited to: caring for one’s self; walking; seeing; speaking; learning; breathing; sleeping; standing; lifting; reading; concentrating; thinking; communicating; helping; eating; bending; or operation of a bodily function.

▪ “Operation of a major bodily function” includes, but is not limited to: functions of the immune system; normal cell growth; digestive; bowel; bladder; neurological; brain; respiratory; circulatory; endocrine; and reproductive functions.

▪ The ADA is a civil rights law.

Section 504 of the Rehabilitation Act of 1973

▪ Basic purpose is to prohibit discrimination against persons with disabilities in programs that receive federal financial assistance.

▪ Sec. 504 provides protections to anyone who has a physical or mental impairment which substantially limits one or major life activities, who has a record of such an impairment, or is regarded as having such an impairment.

▪ “Major life activities” include, but are not limited to: caring for one’s self; walking; seeing; speaking; learning; breathing; sleeping; standing; lifting; reading; concentrating; thinking; communicating; helping; eating; bending; or operation of a bodily function.

▪ Sec. 504 is a civil rights law.

Impairment vs Disability▪ Both ADA and Sec. 504 refer to “impairments”.

– If the impairment causes a “substantial limitation” of a “major life activity” then the person has a “disability”.

– If the impairment does not “substantially limit” the person, then it is an impairment, not a disability.

▪ Neither ADA nor Sec. 504 provide protections to individuals with “impairments”.

▪ A temporary impairment does not constitute a disability under Sec. 504 unless it is substantial enough to be considered a disability for an extended period of time.

▪ An impairment that is episodic or in remission is a disability if, when in active phase, it would substantially limit a major life activity.

▪ IDEA and the State Special Education Rules do not mention “impairments”, but both require comprehensive evaluations to determine if a student is a “student with a disability” eligible for special education and related services.

▪ All require that disability determination must be made on an individual basis.

Funding

▪ IDEA– School districts and charter schools receive state, local, and

federal funding.

– IDEA funds cannot be used to serve students eligible only under Sec. 504.

▪ Sec. 504– State and local responsibility (no federal funding)

▪ ADA– Public and private responsibility (no federal funding)

Administration and Program Responsibility

▪ IDEA– Special education director or designee

– Special education, but shared with general education

▪ Sec. 504– Sec. 504 coordinator in a system with 15 or more employees, to

coordinate efforts to comply with the law

– General education, but shared with special education

▪ ADA– ADA coordinator is required to coordinate efforts to comply with the law

– Public and private schools, building establishments, and public buildings

Evaluation▪ IDEA

– Comprehensive evaluation assessing all areas related to the disability

– Evaluations are conducted at least every three years to determine continued eligibility for services

▪ Sec. 504– Evaluation draws on information from a variety of sources

– A medical diagnosis is not required

– Periodic reevaluations are required

▪ ADA– School districts and charter schools should conduct or update their Sec. 504 evaluation

to ensure discrimination is not occurring with any individual with disabilities

▪ Under Sec. 504 and ADA, the determination shall be made without regard to the effects of mitigating measures, e.g., medication, use of assistive technology, reasonable accommodations.

Services

▪ IDEA– Special education services▪ Those services needed by the student to access and make progress in the general

curriculum

▪ Specially-designed instruction – adapting, as appropriate, the content, methodology or delivery of instruction

– Related services▪ Those services needed by the student to benefit from special education

▪ May include transportation, speech-language services, PT, OT, interpreting services, etc.

▪ Sec. 504 – Accommodations

▪ ADA– No direct services to the student

Child Find Requirements

▪ IDEA– The school district is responsible for locating, identifying, and evaluating all students

with disabilities within their jurisdiction, who may be in need of special education and related services.

– This applies to:▪ Highly mobile students

▪ Students who have been suspended or expelled from school

▪ Students who have not graduated from high school with a regular high school diploma

▪ Students who are suspected of having a disability but are advancing from grade to grade

▪ Home schooled students

▪ Sec. 504– Child find is required for students considered “at-risk”

▪ Adult Education Policies and Procedures Manual includes program responsibilities under IDEA, Sec. 504, and ADA http://www.schools.utah.gov/adulted/DOCS/Directors/Policy/TabE.aspx

If a student enters an Adult Ed program with…

▪ An IEP (special education)– Notify the local school district special education department

– The local district special education department will facilitate and determine special education eligibility.

– Services provided to the student will be determined by an IEP team consisting of the student; a special education teacher; an adult education teacher; an LEA representative as described in the Utah Special Education Rules; a person who is able to interpret the instructional implications of the evaluation results; others as determined by the student or school program; and, with the consent of the student, a representative of any agency that might be providing or paying for transition services.

– The IEP team will determine where the special education services can best be provided.

– The local school district is responsible to assist the adult education program in selecting the most appropriate strategies and educational materials to meet the student’s educational needs.

– A student is eligible for special education services until graduating with a high school or adult high school diploma or reaching age 22.

▪ Tab E (Adult Education Students with Disabilities) of the Adult Education Policies and Procedures Manual describes a procedure to fund special education services.

Funding for Special Education Services The district, in compiling and submitting the required SCRAM information

for the identified out-of-school youth, will receive the state-allocated funding as well as the allocated federal IDEA discretionary funds calculated on the district student population.

▪ The district accounting department is responsible for the division of the funds as follows: – The district will “keep” the “state special education add-on” WPU.

– The adult education program will receive, from the local school district, the regular WPU for the time the student is enrolled and engaged in the adult education program up to 990 hours of instruction per fiscal/program year.

▪ These students are not counted in the adult education state funding formula.

▪ Reporting requirements change for these students.– Refer to the Policies and Procedures Manual for complete information.

▪ A Sec. 504 plan– It is the responsibility of the adult education program to ▪ Request a copy of the Sec. 504 plan from the previous school district or charter

school, and

▪ Implement the Sec. 504 plan, or if the plan is not available,

▪ Determine the eligibility of the student, and

▪ Develop and implement a Sec. 504 plan if the student is eligible.

– A student is eligible for a Sec. 504 plan as long as he/she meets eligibility requirements.

▪ See Adult Education Policies and Procedures Manual, Tab E, for more information. http://www.schools.utah.gov/adulted/DOCS/Directors/Policy/TabE.aspx

Teaching Adult Learners with Disabilities

▪ How do you learn best?  – Students always know the best way to teach them...we just need to ask.

▪ What difficulties have you had learning?  – They may be able to report difficulties more easily than successes.

▪ Do you have trouble seeing, hearing or concentrating?  – If yes, to any of these characteristics, a formal medical assessment might be needed

to rule out medical/psychological/sensory issues. Discuss this with your administration before recommending these evaluations to the student.

▪ What did you like best in school?  – May be able to learn about preferred environments and learning style.

▪ What was your worst experience in school?  – Previous educational trauma may negatively impact learning. e.g., feeling

humiliated by a past experience in the classroom.

Learning Styles

▪ Learning styles questionnaires– http://vark-learn.com/the-vark-questionnaire/

– http://www.educationplanner.org/students/self-assessments/learning-styles.shtml

– http://www.kyae.ky.gov/NR/rdonlyres/9846EA06-6E14-4101-8B40-72C178276E91/0/CITELearningStylesInstrument.pdf

▪ Students with low reading or English language skills may need graphics = I can learn by listening.

= I learn when I get to talk about the information.

= I learn by reading.

= I can learn when I write information.

= I can do best when I learn by doing.

Instructional Strategies

▪ Structure the environment: Clarity of the visual field.– To help the student focus on the subject matter at hand, clear away

extraneous objects in their visual field.

– Focus decorations, materials on the content of the lesson/subject.

▪ Pre and Post process– Begin the lesson by telling the student what will be covered during the

lesson.

– End the lesson by summarizing what has been covered during the lesson.

▪ Chunk content and instruction– When presenting new information, present no more than three pieces at a

time.

– When giving directions, limit the directions to three at a time.

Instructional Strategies, continued

▪ Use “Plain Language”– Use language your students can understand the first time they hear it.

– Language that is plain to one set of readers/listeners may not be plain to another set.

– Written language is in plain language if the student can▪ Find what he/she needs;

▪ Understands what he/she finds; and

▪ Uses what he/she finds to meet his/her needs.

– Plain written language strategies include▪ Logical organization with the reader in mind

▪ “You” and other pronouns

▪ Active voice

▪ Short sentences

▪ Common, everyday words

▪ East-to-read design features

Instructional Strategies, continued

▪ Use explicit instruction– Explanation▪ Explain the purpose of the instruction and describe the concepts to be

taught and process to be used

– Modeling (“I do”)▪ Demonstrate the way you will be teaching, using examples from the

concept to be taught.

– Guided practice (“We do”)▪ Teacher and student do learning activities together.

– Application (“You do”)▪ Student uses the new concepts and procedures independently.

Instructional Strategies, continued

▪ Universal Design for Learning (UDL)– A set of principles for curriculum development that gives all

individuals equal opportunities to learn.

– Provides for flexible approaches that can be customized and adjusted for individual needs.

– Instruction is designed so no student is excluded from instruction or being able do demonstrate what has been learned.

UDL, continued▪ Multiple means of representation – gathering facts and categorizing what is

seen, heard, read– Say it: lecture, discuss, question, read aloud, verbal discussions

– Show it: pictures, graphics, white board, video, closed caption

– Model it; demonstrate, think aloud, build/construct, manipulatives

– Media: audio, video, computer

▪ Multiple means of expression – planning and performing tasks– Provide options for physical action

– Vary the methods for response

– Optimize access to tools and assistive technologies

▪ Multiple means of engagement – becoming engaged and staying motivated– Vary demands and resources to optimize challenge

– Foster collaboration and communication

– Minimize threats and distractions

National Center on Universal Design for Learning - http://www.udlcenter.org/aboutudl/whatisudl

Effective Teacher Behavior

▪ Allow students to choose their preferred method of demonstrating learning, e.g., class presentation, etc.

▪ Identify the best way the student learns and teach to that learning style.

▪ Provide structured choices (options which you have preselected).

▪ Respect cultural differences.

▪ Make eye contact when talking with students, if culturally appropriate.

▪ Be friendly, yet professional (education is the goal – not friendship).

▪ Be present in your students’ lives and hold hope for their futures.

Teaching Principles

▪ Make sure students understand “why”.– Why everything taught is an important part of learning.

▪ Respect that students have different learning styles.– Most people use multiple styles, and prefer one style.

▪ Allow students to experience what they’re learning.– Experiential learning may include role playing, drawing, other activities.

▪ Listen for teaching moments and take advantage of them.– If something the student says or does triggers a concept to be taught, teach

it then.

▪ Encourage the adult student.– Be positive, encouraging, and patient, but not condescending.

Accommodations/Modifications – Available under Both IDEA and Sec. 504

▪ Accommodations are adjustments made in how a student with a disability is taught or tested. Accommodations do not change what the student is taught or what he is expected to know. Common examples of accommodations are: highlighted textbooks, extensions of time for a student who writes slowly, or seating close to the teacher. – Provide access to programs

– May also include modifications to the building, e.g., ramps

– Expectations and performance standards are not lowered

– Available on large-scale assessments, e.g., GED, based on publishers’ criteria

Accommodations/Modifications

▪ Modifications change the level of instruction provided or tested. Modifications create a different standard for the student receiving them. The most common modifications are those made to the general education curriculum for a student with a cognitive disability. When used, curriculum modifications should be written specifically in the student’s IEP and not left to interpretation by different individuals.– Generally not allowed in adult education programs

– Not required under Sec. 504

– May be included in an IEP if the team determines appropriate

– Not allowed on large-scale assessments

Selecting Accommodations for Instruction

▪ Accommodations are selected by a team and implemented by all teachers working with the student.

▪ Consider:– What are the characteristics of the student?

– Has the student indicated preference in using an accommodation?

– Has other staff had input on accommodations?

– Does the student need or use the same accommodation for class work as on class assignments?

Selecting Accommodations for Assessment

▪ Accommodations needed for large-scale assessment must also be needed for classroom assessment.

▪ Consider:– What tasks are required of the student? What is the test designed

to measure? Are there barriers for the student in doing those tasks?

– Are there accommodations already being used in classroom assessments that match the accommodations needed to remove those barriers on the large-scale assessment? Are there consequences for using the accommodation?

– Are there accommodations that could be made available to the student in the classroom that are not available currently that would remove barriers to the test?

Types of Accommodations

▪ Accommodations generally fall into these categories:– Presentation▪ How is the material presented?

– Response▪ How does the student respond to the questions?

– Setting ▪ In what location does the student work best?

– Timing▪ Can the student complete the task in the regular amount of time?

– Temporary Accommodations▪ Is the accommodation temporary, e.g., for a broken arm?

▪ http://www.schools.utah.gov/adulted/DOCS/Resources/Accommodations.aspx

Review the Accommodations

▪ Did the student actually use and take advantage of the accommodations?

▪ Was the student able to participate fully in the activity because of the accommodation?

▪ Was the student able to master the objectives of the lesson or course because of the accommodation?– This should not be interpreted as “Was the student able to pass

the test because of the accommodation?”

▪ Did the accommodation help the student to feel that he or she belongs in the class?

Thank you!

Questions?

Comments?

Concerns?